Shaikh Ismail Mohammed v. Shree Tirthankar Company

1 21 CAO 171-17 in CRA 314-16.doc Sequeira

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 171 OF 2017 in R.P.C. (St.) No.14761 of 2017 in CIVIL REVISION APPLICATION NO. 314 OF 2016 Shaikh Ismail Mohammed.

.. Applicant / Appellant Vs M/s.Shree Tirthankar Company & anr.

.. Respondents Mr.V.R.Patil, for the Applicant /Appellant.

Mr.Sameer Bhalekar, for Respondents.

CORAM : N.M.JAMDAR, J.

Date : September 22, 2017.

P.C. :

By this Application delay of six weeks in filing the Review Petition is sought to be condoned.

2.

The review is sought of the order dated 23 March 2017. The order indicates that three advocates appeared for the Applicant and the matter was heard extensively and by a detailed order, the concurrent orders passed by the Small Causes Court and Appellate bench of Small Causes Court were confirmed, having found that no

2 21 CAO 171-17 in CRA 314-16.doc case in revisional jurisdiction was made out. 3.

Review is made on the ground that certain documents which were not in the knowledge of the Applicant throughout in these proceedings have now been made available and therefore, the order be reviewed. This argument proceeds on complete misreading of the powers of the Court to review an order passed, that too in a revisional jurisdiction which is itself of a limited nature. After considering material that was placed on record, the Court had declined to interfere. No case is made out to review the order. The Applicant has remedies open to challenge the order under review if he so desires. No useful purpose will be served by condoning the delay as review itself has no merit.

Civil Application and Review Petition are disposed of. N.M.JAMDAR, J.